United States v. Castle, No. 14-3073 (D.C. Cir. 2016)
Annotate this CaseAfter defendant was found guilty of the lesser-included offense of possession with intent to distribute a detectable amount of PCP, he appealed the denial of his motion to suppress. The court concluded that defendant was seized when the officer touched him and instructed him to "hold on" and defendant complied. In this case, no reasonable person in defendant’s position and subject to the officer's directives would have believed that he was free to go on about his business. The Government asserts that defendant walked quickly toward a certain neighborhood, made furtive gestures, and recognized the police. Based on the facts on the record, the court concluded that the officers had no reasonable, articulable suspicion justifying their stop of defendant. Accordingly, the court reversed and remanded for further proceedings.
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